Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 1 of 6
AO 8SA (Rev. 06/09) Subpoena to TestifY at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
for the
Eastern District of Wisconsin
ALVIN BALDUS, et al.
Members of the Wisconsin Govemment Accountability Board,
each only in his official capacity: MICHAEL BRENNAN, et al.
)
)
)
)
)
Defendant
)
Plaintif!
v.
Civil Action No.
(If the
11-CV-562-JPS
action is pendin~ in another district state where:
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To: Wisconsin State Senate
Wisconsin State Capitol, 2 East Main Street, Madison, Wisconsin
~ Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate
one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf
about the following matters, or those set forth in an attacrunent:
See Exhibit A attached. The deposition will be taken pursuant to Rule 30(b)(6), Fed. R. Civ. P.
Place: GODFREY & KAHN, S.C.
One East Main Street, Suite 500, Madison, WI 53703
Ph: (608) 257-3911
The deposition will be recorded by this method:
o
Date and Time:
04/29/20139:00 am
The deposition will be recorded by stenographic and audiovisual means.
Production: You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and permit their inspection, copying, testing, or sampling ofthe
material:
The provisions of Fed. R. Civ. P. 4S(c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
attached.
Date:
04/2212013
CLERK OF COURT
OR
Signature a/ Clerk or Deputy Clerk
The name, address, e-mail, and telephone number of the attorney representing (name a/party)
Plaintiffs . _ _ _
Alvin Baldus, et al.
_
, who issues or requests this subpoena, are:
Attorney Douglas M. Poland, GODFREY & KAHN, S.C., One East Main Street, Suite 500, Madison, WI 53703,
Telephone: (608) 284-2625, Email: dpoland@gklaw.com
Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 2 of 6
AO 88A (Rev. 06109) Subpoena to Testify at a Deposition in 8 Civil Action (Page 2)
Civil Action No. 11-CV-562-JPS
PROOF OF SERVICE
(This section should not befiled with the court unless required by Fed. R. CW. P. 45.)
This subpoena for (name of individual and title, if any)
was received by me on (date)
o
I served the subpoena by delivering a copy to the named individual as follows:
on (date)
----------------------------------------------o I returned the subpoena unexecuted because:
----------
;
or
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents. I have also
tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$
for travel and $
My fees are $
--~-----------
for services, for a total of $
-------------
I declare under penalty ofperjwy that this infonnation is true.
Date:
- -
-
.
-
-
-
- - --_
.
-
-
-
- -----
-
-
-
_
_
A
.
_
.
_
. ___
_
•
• _
•• _
._ .
Server 's signature
Printed name and title
Server 's address
Additional information regarding attempted service, etc:
0.00
------------
Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 3 of 6
AO SSA (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(I) Avoiding Undue Burden or Expense; Sanctions. A party or
(d) Duties in Responding to a Subpoena.
(I) Producing Documents or Electronically Stored Information.
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this
duty and impose an appropriate sanction - which may include lost
earnings and reasonable attorney~s fees - on a party or attorney
who fails to comply.
(2) Command to Produce Materials or Permillnspection.
(A) Appearance Not Required A person commanded to produce
documents, electronically stored information, or tangible things, or
to permit the inspection of premises, need not appear in person at the
place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of the materials or
to inspecting the premises - or to producing electronically stored
information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14
days after the subpoena is served. If an objection is made, the
following rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party's
officer from significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required On timely motion, the issuing court must
quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person - except that,
subject to Rule 4S(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;
(iii) requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(8) When Permitted To protect a person subject to or affected by
a subpoena, the issuing court may. on motion, quash or modify the
subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commereial information;
(ii) disclosing an unretained expert's opinion or information that
does not describe specific occurrences in dispute and results from
the expert's study that was not requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur
substantial expense to travel more than 100 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 4S(c)(3)(B), the court may. instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the sen-ing party:
(i) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.
These procedures apply to producing documents or electronically
stored information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to
the categories in the demand.
(8) Formfor ProdUCing Electronically Stored InJormation Not
Specified If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D) Inaccessible £Iectronical(v Stored InJormation. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) InJormation Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that. without
revealing information itselfprivileged or protected, will enable the
parties to assess the claim.
(8) Information Produced If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if the party disclosed it
before being notified: and may promptly present the inlormation to
the court under seal for a determination oflhe claim. The person
who produced the information must preserve the information until
the claim is resolved.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty's failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule 4S(c)(3)(A)(ii).
Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 4 of 6
EXHIBIT A
DEFINITIONS
In the topics listed below, the following terms shall have the meaning as specified:
1.
"Redistricting computers" shall refer to the three computers issued by the
Legislative Technology Services Bureau and used to develop the legislative district maps in the
20 II redistricting process in Wisconsin. This includes all hard drives and storage devices at any
time connected, internally or externally, to the central processing units of the redistricting
computers.
2.
"Redistricting lawsuit" shalI refer to the lawsuit Baldus e/ al. v. Brennan e/ aI, No.
Il-cv-562, in the U.S. District Court for the Eastern District of Wisconsin, as well as any
consolidated lawsuits.
3.
"You" and "your" shall refer to the organization or entity to which this subpoena
is addressed.
TOPICS
Pursuant to the provisions of Rule 30(b)(6), Fed. R. Civ. P., you are required to designate
one or more persons who consent to testify on your behalf about all information known or
reasonably available to you regarding the matters set forth in the Topics listed below:
I.
The deletion or attempted deletion of any records or data from any of the three
redistricting computers between January I, 20 II and January 31, 2013.
2.
The recovery or restoration of any records or data from or to any of the three
redistricting computers between January 1,2011 and January 31,2013.
3.
The location, possession, custody, and control of any of the three redistricting
computers between January 1, 2011 and January 31, 2013.
Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 5 of 6
4.
All users of the three redistricting computers between January I, 20 II and
January 31, 2013.
5.
All maintenance performed on the three redistricting computers between
January 1,2011 and January 31, 2013.
6.
The current location and custody of all documents, logs, invoices, receipts or
other records regarding the maintenance, movement, storage, repair, and/or custody of each of
the three redistricting computers between January 1, 20 I 1 and January 31, 2013.
7.
Any forensic or other analysis conducted on the redistricting computers between
January 1,2011 and January 31, 2013.
8.
All efforts taken to preserve data and records on the redistricting computers
between January I, 2011 and January 31, 2013.
9.
The production of any records, data, or documents from the redistricting
computers in the redistricting lawsuit or in response to any inquiry from the majority leader of
the state senate.
9365519_1
2
Case: 3:15-cv-00421-bbc Document #: 105-1 Filed: 05/02/16 Page 6 of 6
30dfrey & Kahn, S.C.
)ne East Main Street
Aadison, WI 53703
I
D \TE
04-19-13
1:,\\ OICE
rl
I
CLlE'\ r / ,\1 \1 rEI{;I
1
04-19-13
1,\\ DICE
i
010175-0001
13041903
30dfrey & Kahn, S.C.
)ne East Main Street
liIadison, WI 53703
II \I E
WISCONSIN STATE SENATE, MAJORITY LEAII6m5COn
04-19-2013
GI. # / DESCRIPTlO'\
L9FMGilA~D
;
WITNESS FEES/MILEAGE
41.13
058519
58519
DETACH AND RE1i\IN TIllS STAIEMENT
tHE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBm BELOW,
IF NO!' CORRECI; PLEASE NOI1FY us PIIOMFI'LY. NO RECEIPT DESIRED,
~
13041903
I
CLlE'\ I /\1 \1 ITR!i
010175-0001
,
\\IOl',\T
I
GL" / III S(,RIP 110"
\ 'lot ,\T
41.13
WITNESS FEES/MILEAGE
VOID AFTER 90 DAYS
PAY
FORTY-ONE AND 13/100
DATE
04-19-2013
AMOUNT
$
41.13